1. Account Terms
- You must be 18 years or older to use this service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that MyWeb will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. MyWeb cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your MyWeb account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
2. Account Activation
- Upon completion of sign up for the Service, MyWeb will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, MyWeb may also create a MyWeb Payments account on your behalf.
- You acknowledge that PayPal Express Checkout and/or MyWeb Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
- You acknowledge that all Publisher revenue due will be paid to the nominated PayPal account and it’s your responsibility to ensure the account is active to facilitate payment . Publisher payments are paid once per month based on your account balance as described in 10.7 below.
- Upon purchasing a domain name through MyWeb, domain registration will be preset to automatically renew so long as your MyWeb account remains active. MyWeb registers all domain names for a minimum of two years to aligned with the minimum Australian domain name registration period. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
You have read, agree with and accept all of the terms and conditions contained in this User Agreement and the www.mywebdesigners.com.au/privacy before you may become a member of MyWeb.
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the MyWeb service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MyWeb.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use MyWeb or MyWeb trademarks and/or variations and misspellings thereof
- You understand that your Website Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. MyWeb Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any MyWeb customer, MyWeb employee, member, or officer will result in immediate account termination.
- MyWeb does not pre-screen Website Content and it is in their sole discretion to refuse or remove any Website Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that MyWeb employees and contractors may also be MyWeb customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- MyWeb retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, MyWeb reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that MyWeb shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall MyWeb or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MyWeb partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- MyWeb does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- MyWeb does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- MyWeb does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the MyWeb service. All material you upload remains yours. You can request MYWEB to remove your MyWeb website and delete your MyWeb account at any time. This will also remove all content you have stored on the Service.
- By uploading Website Content, you agree: (a) to allow other internet users to view your Website Content; (b) to allow MyWeb to display and store your Website Content; and (c) that MyWeb can, at any time, review all the Website Content submitted by you to its Service.
- You retain ownership over all Website Content that you upload to a MyWeb Website; however, by making your store public, you agree to allow others to view your Website Content. You are responsible for compliance of Website Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a MyWeb Website however, by making your store public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- You may establish the appearance of your MyWeb website with a design template provided with your website (“a Theme”). MyWeb is continually developing new themes and adding them to your website dashboard which you can access and activate to change the appearance of your website.
- If you commission MyWeb to modify a theme to suit your website the modifications will apply only to the theme you choose and cannot be transferred to another theme on that website. Custom modifications of a base theme can be transferred to another MyWeb website using the same base theme by a MyWeb employee. A transfer fee (hourly rate) is charged to replicate the custom changes to the same base theme used by another MyWeb website. Our hourly rate can be found on our pricing page and is subject to change without notice.
- MyWeb may add or modify the footer that refers to MyWeb at its discretion. MyWeb may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. MyWeb may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of MyWeb. MyWeb themes cannot be used on websites that are not provided as a MyWeb Service. In the event of service cancellation and removal of website from MyWeb Services the currently used theme will be provided on export from our systems or if, at our sole discretion is technically too difficult an alternative theme will be provided.
- It is the responsibility of the user, and not MyWeb, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.
- MyWebAds Publishers receive a discount on their service plans. Discounts are subject to change upon 30 days notice from MyWeb. Such notice may be provided at any time by posting the changes to the MyWeb Site (mywebdesigners.com.au) or the administration menu of your MyWeb website via an announcement or the administration panel of your Publisher account or via email to the email you used to register your mywebdesigners.com.au account.
- Placement and location of ads on your website is the sole discretion of MyWeb. MyWeb will endeavor to style the text ads to match the colour scheme of your website but this cannot be guaranteed.
- The number and type of advertisements is controlled by the number of advertisers and the decisions they make for placing the ads on the MyWeb Network. MyWeb cannot guarantee the volume, type or time of day they will be displayed on your site or the revenue you will earn as a publisher.
- You may cancel the placement of MyWeb advertising on your website at any time by contacting firstname.lastname@example.org
- MyWeb reserves the right at any time to time to modify or discontinue your MyWebAds Publisher account (or any part thereof) with or without notice. Cancelled Publisher accounts are required to change their Service to a non-discounted plan within 7 days or their Service will be terminated.
10. Payment of Fee
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in advance in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your MyWeb administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- Monthly subscription payments occur approximately 30 days after the day of sign-up and ongoing around the same day of each month. My web reserves the right to change and align customer monthly payments to a specified day each month and part bill up to that date to implement billing cycle changes.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of Australia, Goods and Service Tax (“GST”) apply to your subscription to or purchase of some or all of MyWeb’s products and services, including without limitation, your subscription to or purchase of MyWeb’s ecommerce services, add-ons, themes and domains. The GST amount will be shown during sign-up and on any MyWeb invoice.
- If you are not a resident of Australia and not subject to GST then the shopping cart should detect your location and remove the GST amount. IF for some reason this fails then a statement by email to email@example.com stating that: (i) you are not a resident of Australia.; (ii) you are not GST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Australia when MyWeb’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged GST applicable to your subscription to or purchase of MyWeb’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place outside of Australia, you must advise us immediately by email to firstname.lastname@example.org
- Payment of any monies due on your MyWebAds Publisher account will be made to a nominated PayPal account.
- MyWebAds Publishers must reach the Minimum Publisher Payment (MPP) amount in earnings to be qualified for payment. If the MPP is reached then earnings are paid once per month. The MPP amount and payment date is specified in http://mywebads.com.au/terms-of-use
- MyWeb does not provide refunds.
11. Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in MyWeb’s response.
- Once cancellation is confirmed, your website will be immediately disconnected from the Service. All products and orders stored or synchronized to the Service will be immediately deleted, including, but not limited to the MyWebNetwork. If you agreed to be a MyWebAds publisher access to your account will be immediately suspended. All publisher account data is the property of MyWeb and deletion of data is the sole discretion of MyWeb. We strongly advise you to export any data prior to cancellation of Service but we will not give you notice or warn you to do so as we trust you have already performed this.
- MyWeb websites cannot be transferred away from MyWeb servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, MyWeb will prepare a set of files (“Files”) containing the contents of your website (website content, database and wordpress website files). An administration fee of $249 (+GST) is payable for this process. The administration fee is displayed on our Terms and conditions page http://mywebdesigners.com.au/terms-and-conditions and is subject to change without notice. Any third party plugin used by the Service for your website will supplied if the licensing agreement allows. Most often new licenses will need to be purchased directly with the supplier for your plugins to continue to function. It is your sole responsibility to apply for new licenses and activate the plugins after transfer. Managing, maintaining, upgrading and backing up the website also becomes your sole responsibility once the Files have been supplied.
- No responsibility can be taken by MyWeb for website or email disruption during any part of the transfer process.
- MyWeb cannot provide support for any website they do not host on their servers.
- Installation / setup of the website on another external hosting service is the sole responsibility of the User.
- Any outstanding revenues due to you as a MyWebAds publisher will be paid out in the normal payment cycle.
- If you wish to continue as a MyWebAds publisher then you will need to re-apply as an external partner and your history as an internal partner will be considered for approval. Re-activating an old account or providing a new account is the sole discretion of MyWeb.
- If you purchased a domain name through MyWeb, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider. MyWeb has no obligation to renew or follow the client up to renew any domain names they have with us. To transfer a domain to another registrar after service cancellation you will need to contact firstname.lastname@example.org to provide the Domain Key (EPP) and it is the client’s sole responsibility to organize the transfer and subsequent renewals.
- If you cancel the Service in the middle of the monthly billing cycle, you will receive one final invoice for any outstanding amounts including transfer fees in 11.3 above via email. One week notice is required to complete cancellation of your Service. If you cancel less than one week before your monthly billing cycle due date an additional week will be added to your final invoice pro rata your last month’s bill.
- We reserve the right to modify or terminate the MyWeb service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, MyWeb may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
12. Modifications to the Service and Prices
- Prices for using MyWeb are subject to change upon 30 days notice from MyWeb. Such notice may be provided at any time by posting the changes to the MyWeb Site (mywebdesigners.com.au) or the administration menu of your MyWeb website via an announcement.
- MyWeb reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- MyWeb shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Third party software suppliers change their prices without notice. The MyWeb prices for the continued use of MyWeb addons requiring third party plugins or MyWeb prices for third party plugins installed directly on your website are consequently subject to change without notice.
13. Optional Tools
- MyWeb may provide you with access to third party tools over which MyWeb neither monitors nor has any control or input.
- You acknowledge and agree that MyWeb provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. MyWeb shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- MyWeb strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
- MyWeb has spent thousands of hours developing a platform that allows users to build a website to promote their products and services by themselves. Removing the requirement of assistance or advice from MyWeb staff has allowed us to offer the Service at a highly competitive price. There are no initial or ongoing design and development fees. There are no lock in contracts.
- The self-service platform means MyWeb can provide the Service without or
- The Service provides starter templates and page building tools for the user to build their website from scratch and offers a knowledge base as a self-service support tool.
- If assistance is required from MyWeb staff then this can be acquired by submitting a support ticket. A Support ticket must be purchased online at www.mywebsupport.com.au before advice can be given.
- A support ticket expires once the issue is resolved or it has been more than 48hrs since the last response from the MyWeb user.
- Once a support ticket expires further support from MyWeb staff can only be acquired by purchasing another support ticket.
- You can register a domain with MyWeb before, during or after sign up to the Service. You will need a domain for the Service to function.
- MyWeb cannot guarantee a requested domain name will be available.
- Domain names registered with MyWeb will always remain the property of the Customer.
- MyWeb understand you might already have a domain registered before signing up for the Service. All management of domains by third party providers remains your responsibility before, during and after using the Service.
- If you intend to keep your domain registered with your third party provider then it is your responsibility to contact them to make the necessary changes to make your website work with the MyWeb Service. Service information will be provided at sign up for you to provide to your third party domain registration provider to make the required changes to your domain to work with our Service. This information is also available in the knowledge base and if required advice can be given through the ticket system.
- If you would like MyWeb to manage your domain and make the necessary changes to work with our system we require that the domain is transferred to the MyWeb domain registration service. Transfer will require you registering the domain for another period (usually one or two years, depending on the domain type). The domain will remain your property. It is your responsibility to request the domain password from your third party provider and provide it to MyWeb to allow the transfer to take place.
- An administration fee of $90 (+GST) applies to domain name transfers to MyWeb. This fee is paid in advance and subject to change without notice.
- If you decide to transfer your email to MyWeb with your domain please read section 15 emails below carefully.
- You may transfer the domain away to any third party provider by contacting us at email@example.com and we will supply the Domain Key (EPP). The rest of the transfer is the responsibility of the third party service you’re transferring to. We do not charge an administration fee to provide the password. Any additional configuration required by MyWeb to facilitate the transfer is charged at our standard hourly rate – see section 18 hourly rate below
- No responsibility can be taken by MyWeb for email disruption during any part of the transfer process.
- If your domain is registered with MyWeb you are eligible for up to 5 email accounts.
- The total storage provided for all email accounts for your domain is 250Mb
- MyWeb only provides POP3 email where the emails are permanently downloaded of the server and old emails store on the server are purged after 30 days. The 30 day duration can be reduced if your emails reach the storage space limitations.
- Permanently backing up your emails locally on your computer or remotely on cloud storage is strongly recommended for disaster recovery purposes. Permanent backups of email remain the sole responsibility of the customer. MyWeb do not back up emails.
- If you need or want IMAP mail we recommend Gmail or Office 365. We can setup your domain to use either of these services. There is an administration fee for this set up which is currently $90 (+GST) and subject to change without notice.
- If you choose to transfer your domain to or away from MyWeb domain registration services, no responsibility can be taken by MyWeb for email disruption during any part of the transfer process
16. Back-ups and Maintenance
- MyWeb provides a backup for the last 24 hours. Any website changes older than 24hrs will not be recoverable
- We strongly recommend users signup for the additional Cloud Backups option to secure an incremental backup of their website to our cloud server for peace of mind. This provides daily backups for a week and monthly backups for a year. We can provide a copy of the yearly backup on request to firstname.lastname@example.org for an administration charge of $90 (+GST). This charge is subject to change without notice.
- MyWeb manages the maintenance of your website whilst you remain signed up for the Service
17. Server Space and Bandwidth
- To prevent abuse of the system resources we limit the server space allocated to each website to 1Gb (10 x the average website use)
- To maximize the storage capacity and page load speed the Service includes algorithms to reduce the resolution and compress images on upload. Optimizing image resolution and size will also improve your results in search engines.
- MyWeb websites share hosting resources. Bandwidth is limited to 5Gb (20 x the average website use) per website per month. This stops other websites taking more than their fair share and ensures your website displays at optimum speed.
18. Hourly rate
- Our current hourly rate is $90 + GST and is subject to change without notice.
19. Lawful Purpose
- The Customer may only use MyWeb servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
20. Governing Laws
- This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia..
- Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.